The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-02

1 *
time no other judge. at any time, pre-
sided. That for reasons unknown b
defendant, but without any Just foun.
datiop, the said DuB Bose has. for ia,
past six months or more, besn ex
trsmely unfriendly and hostile TO de
fendant; that be has for months priol
to the finding Of the indictment here
IN, endeavoied both In and outside O
his Official position, as such Judge, Il
produce the impression upon yarion,
pereons and the public generally, tina
defendant was guilty OF malieassn CO In
oftce as president OF the Police And
Fire Commissioners OF the Taxing Dis
vic, Of Shelby county, and has chsrged
that defendant WIS guilty of offenset
Tor which he should DO sent 10 The
peaiteniiary, and 6mong others, was
guilty OF the crime set forth In the In.
dictment, all before the finding OF
said indictment, and before any action
by the grand jury, either In inyestl.
eating the charge contained in
The indictment herein, or In fading
the same. Tnat on the 2lst day OF
February, 1887, he was verbally mott.
fed by deputy eherif In attendance
on the Criminal Couri, that His Honor,
Judge DuBlse, desired TO SEQ him nj
the court room Of said court; that do.
iencant vent to said court room and
found His Honor sitting upon the
bench In open court, then In session.
that the said DuBJse called him up In
open court and read from manu-.
script q lecture or criticism upon his
course OF conduct as President. and
defendant avers that he was thus
brought before the Circuit Court solely
by being summoned ss aforesaid that
no process whatever had been leaned
by the court or Judge, or BY any mag.
istrate charging him with sny oifense,
nor had any legal Complaint been
made aeainst him whatever. That
not only did the said Du Bose, IA man.
per and form Aforesaid, charge defend,
ant with the grosseet violation of of
cial duties 90 is therein SGT forth. and
threaten him with disgrscsfui and
humiliating punishment In the pres.
ence and hearing Of q number of Gill.
sans and bystsnders present, but that
his manner was offensive ana insnIt.
ing, and ss defendant believes and
svers, was intended 10 humlliste and
degrade him. aud defendant ayers thai
there was no just ground whatever for
sald che'ges OF maifesaance and mis-.
ieasance In ofiice 90 made against him
by the said Du Bose, and he belleyes
and charges that the same arose solely
from the unfounded, but bitter hatred
OF said DuBose toward defspdant:
and Tor the purpose OF ipjuripp his
lair lame and standing a. an OH cial
aod ciuzsn Of tho community. And
defendant further AYERS that on the
ls'h day OF January, 1887,
grand jury composed oi
All. q. luther, A. T. Hayden, W. b.
Royster, 4. l.. Hlk, John Oaker. A,
Raggic, 5. Brooks, ii. L. Douelass.
VIM. Carr, w. l.. Coleman, ID. o.
Mooney and u. o. Milton, were only
impannelled and sworn for the Jauu.
AIRY torn; that the thirteenth member
OF said grand jury, one w. Il. Nc.
CURE, was not impannelled In ma !.
ner and form rs by tho statutes are
provided, but was put upon the grand
jury by the Court In violation of The
'aw. And defendant further ayers
that the said DuBose, az such Judge
determined TO force the said grand
jury TO indict him upon the chargcs
set forth In the Indictment In this
cause, and other charges; that In pur.
suance oil this purpose, said DnBobe
handed TO tald luther, foreman, on or
about the LIST day OF April, au anony.
nous letter charging deien dant with
violations OF the law 40 President Of
the Taxing District, claiming that the
same bad been addressed to and re-
oelved by him. and urged the foreman
and grand Jury TO Investigate the
charges CONTAINED In said letter; thai
the grand Jury did investigate the
charges and pronounced them ground.
lets, aud go rep 1rled 10 the court;
that the said Duboee again urged the
foreman and grand jury 10 make fur.
Their investigation, expressing his be.
liei In deiendants guilt thief none OF
said communications 90 m I'd . by Du.
Bose 10 the members OF the grand
Jury were made In open court and In
the shape OF q public charge as pro.
yided by law, but privately. The plea
then reciles the wholesale discharge
Of all the grand jury excep. Hayden
and Douglass, without any Of Them
having asked 20 be excused, and not
because there was no further business
Calming their attention. II then pro-
ceeds and AYERS that defendant be.
lieyss that tbs controlling reason for
taid arbitrary and Unlawful dlfchargo
was because said persons 90 excused
had reported 10 tbs court tina, the do.
iendant was not guilty Of the charge
contained In this Indictment and other
charges made against him, aud because
they would not fnd the indictment
herein, which was afterwArd found By
the 20 called grand Jury in the manner
herinsfter detail d and &c. forth. The
manner is then narrated In detail, aud
the names Of the 10 called grand Jury,
when defendant goes on 10 say that be
believes that said persons 30 appointed
TO OIL the vacancies 90 occasIoned yers
90 appointed aud selected by the sid
DaBjse because he believed that
they would nnd the indictment In
this cas,, and that this was The con.
trolling II not the sole cause for their
appointment. Defendant further AYERS
that on the 18th OF April the Court,
without legal grounds, discharged ia
ryman Baker because he did not
answer the purpose for which no was
pu, on the Jury, aud appointed z. q.
Meath 10 FIJI the vacancy, Meath not
being one OF the original yenire, and
nj the time he was appointed there
we're one or more persons OF the orig.
iasl yonire who were ready aud willing
TO set ~ jurors, who were parsed by
and overlooked by Dubose and
Meath selected solely bee auss DuBose
kuew that he was unifiendly 70 do.
iendau,, and believed tia, Meath
would exert hlm6eli 10 dad the In.
dlctmenis. Wllness6s we're sum.
moued BY the grand Jury % TeoTgan.
iG'd With a view 20 indiclipg defend. |
ant on criminal charges under the dl. |
rtctions Il DuBose 10 tald Meath and
other members Of the Jury privately |
glysr, and not In open court. That